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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unhued and unreasonable.
2. According to the contents and circumstances of the instant crime, there are unfavorable circumstances such as the Defendant’s quality of the crime, the degree of injury suffered by the victim, the degree of injury not agreed with the victim, and the Defendant’s records of the same crime.
However, in light of the following: (a) the instant crime was committed by imprisonment for a period of one year and six months; (b) the crime of attempted fraud for which imprisonment for eight months has become final and conclusive; and (c) the crime of fraud and the latter concurrent crimes under the latter part of Article 39 of the Criminal Act; and (d) all the sentencing conditions indicated in the records, including the Defendant’s age, character and conduct, environment, family relationship
The prosecutor's assertion of unfair sentencing is without merit.
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.